Legal Question in Business Law in California
negative website laws
Is it legal to have a website such as www.walmartsucks.com? I have such a site and have been threaten by the individual who owns the site that he is going to sue me for a million dollars. Does free speech give me the right to have such a site? Is it legal to post emails people have sent in agreeing with me on this site? Is there a fine line I cannot cross but keep the site up? The website is about a surf camp and the bad experiences some people have had at the specific surf camp. Thank you for your help.
1 Answer from Attorneys
Re: negative website laws
For you, the issue is probably not so much having the URL or the Web site itself as it is what you do with it. If the target company had a famous trademark like WalMart, you might have additional trademark-related problems, but that's less likely with a small company.
There is free speech on the one hand, and there's defamation on the other. The dividing line between libel and slander (the two common forms of defamation) on the one hand, and protected free speech, on the other, is not always easy to define. However, as a general rule, you have a defense against charges of defamation if what you say is TRUE and also there is at least some reason why the public should be informed of the things you're publicizing.
You should look at the contents of your site and ask yourself whether the contents are true and whether publishing these contents serves some useful purpose or is maliciously intended to undermine and degrade the company it's about.
If it's more the latter, you should see an attorney. If you are only the webmaster and don't control the content, you may have an additional defense, but it's not airtight.
In ANY case, if you are actually sued, get an attorney at once.
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